12/6/2023 0 Comments Swiss precision diagnostics gmbhIf there is some tension between our decision and Apotex, it is only a tension of emphasis, not content. Acorda Therapeutics, Inc., 823 F.3d 51 (2d Cir. Following the conclusion of the sentence (at page 46, line 14) reading “We have considered Defendant’s other arguments, and find them to be without merit,” a footnote is hereby added, reading as follows: Defendant contends, in a petition for rehearing, that our decision cannot be reconciled with Apotex Inc. Consideration of the Apotex decision has no effect on our determination, as our analysis above assumes that the standard is exactly as Apotex decided. 2016), recently settled the materiality standard in this Circuit, explaining that the standard is whether the deception is “likely to influence purchasing decisions.” Id. Sannes, of the United States District Court for the Northern District of New York, sitting by designation. we need not resolve the issue now,” a footnote is hereby added, reading as follows: * The Honorable Brenda K. Following the conclusion of the sentence (at page 41, line 4) reading “Although the essential elements of the materiality standard. IT IS HEREBY ORDERED that (1) Defendant-Appellant’s petition for panel rehearing is DENIED and (2) the opinion issued on Septemis amended as follows. 15-2411-cv SPD SWISS PRECISION DIAGNOSTICS, GMBH, Defendant-Appellant. SANNES, District Judge.* -CHURCH & DWIGHT CO., INC., Plaintiff-Appellee, v. SPD Swiss Precision Diagnostics, GmbH UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 5th day of December, two thousand sixteen.
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